Set to Spend Three Months Behind Bars, Farmer Who Powed Up Road Surface Faces New Decision

Prosecutors in Gliwice revoked the three-month detention of a 60-year-old farmer who plowed up a newly paved street after a revaluation reduced the estimated damages below the high-value property threshold.

Prosecutor’s Decision on Detention

The prosecutor’s office decided to revoke the detention against the farmer who, a week ago, plowed up the freshly laid surface on Rybackia Street in Gliwice-Ostropa. Following a revaluation of the losses, investigators determined that their value did not exceed the threshold for property of significant value. Due to the change in the legal classification of the act, the man now faces a lower penalty.

The information regarding the revocation of detention, reported by the “Fakt” daily, was confirmed in an interview with PAP by Prosecutor Iwona Rosprzak of the District Prosecutor’s Office in Gliwice. The replacement of detention with other non-custodial preventive measures is a consequence of changing the classification of the crime charged against the suspect. Prosecutor Rosprzak added that the description of the act was modified to eliminate that it concerned property of significant value, which lowers the statutory penalty.

Legal Classification and Penalties

Destruction of property of great value can carry a penalty of up to 10 years of imprisonment, while the basic type of this offense sets the maximum penalty at 5 years in prison. According to the Penal Code, property of significant value exceeds PLN 200,000.

A week ago, a 60-year-old farmer using an Ursus tractor drove onto the freshly laid asphalt and plowed about 200 meters of the road in the peripheral district of Ostropa in Gliwice. He claimed that he owned the road and that the work carried out there was illegal. He reportedly announced that he intended to damage the surface again, and law enforcement officers detained him red-handed.

Investigation and Damage Revaluation

As reported by the Gliwice prosecutor’s office, the 60-year-old admitted to plowing up the freshly laid asphalt. He told investigators, just as he did the police, that the land where the road is located is his property. However, documentation held by the prosecutor’s office indicates that it belongs to the local government.

The investigation is being conducted by the Gliwice-Zachód District Prosecutor’s Office, which initially accused the farmer of destroying property of significant value, with losses initially estimated at PLN 300,000. A few days ago, the District Court in Gliwice granted the prosecutor’s request to detain the 60-year-old for three months, justified by the severe potential penalty he faced and the possibility of him engaging in unlawful actions.

After performing additional activities and obtaining a new valuation of the losses, the prosecutor’s office established that the damage caused by the farmer amounted to less than PLN 200,000. The consequence of this was a change in the content of the charge and the revocation of the most severe preventive measure.

Public Controversy and Ombudsman Inquiry

The decision to detain the farmer sparked significant controversy and was frequently commented on in the public sphere. An explanatory proceeding was initiated ex officio by the regional representative of the Ombudsman in Katowice to check whether there had been a violation of human freedoms and rights. The representative requested the District Court in Gliwice to present the justification for the farmer’s temporary detention.